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Retired public employee lacks standing to file an unfair labor practice charge with PERB

Retired public employee lacks standing to file an unfair labor practice charge with PERB
Victor Maltsev And District Council 37, and New York City Transit Authority, PERB ALJ Cacavas, U-27372
[Source: PERB?s Recent Decisions posting on the Internet]

A retired public employee filed a charge against his union more than two years after the date of his retirement. A PERB Administrative Law Judge ruled that the individual lacked standing as a public employee and a member of the negotiating unit. Accordingly, PERB did not have jurisdiction over his claim. Although case law does provide that in some circumstances where severance from employment is contested a union's representation duties continue, such was not the case in this instance.

In addition, the ALJ pointed out that charges filed more than four months from the date of the challenged action are barred by the period of limitations.
Finally, the ALJ commented that a union's refusal to take a case to arbitration does not constitute a violation of the Taylor Law [Article 14, Civil Service Law] absent a showing that the decision was arbitrary, discriminatory or made in bad faith.

Full post as published by New York Public Personnel Law on December 03, 2008 (boomark / email).